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1. The Defendant’s KRW 77,022,028 as well as the Plaintiff’s KRW 20% per annum from February 3, 2015 to September 30, 2015.
Reasons
On November 19, 2011, the plaintiff's agent C entered into a partnership agreement with the defendant's agent D on November 19, 201, which provides funds necessary for the defendant's operation of the business, so that the defendant can expand and operate the business, and the plaintiff takes profits from the "pest sales" and the plaintiff takes profits from the "nutrition sales" and the original defendant takes profits from the "nutritions, fertilizers, composts, etc." (Evidence 1).
According to the above business contract, the defendant has to distribute 30% of net profit (excluding pesticides and source materials) to the plaintiff.
On December 1, 2011, the Plaintiff entered into a partnership agreement with the Defendant and the Defendant on December 1, 2011, with the content that the amount of investment shall be 50 million won or more, and the ratio of investment shall be 50 million won or more, respectively, and the profit or loss gained from the operation of the above business shall be distributed or shared in proportion to the ratio of investment by the Defendant.
On September 1, 2013, the original Defendant agreed on the instant trade agreement.
The Defendant was in charge of the management of funds and tax returns related to the instant partnership business. Of the amount of 30,154,685 won of the amount of 2012 pro rata income, KRW 15,077,342 of the amount of 15,07,342 of the amount of 178,772,544 of the amount of 178,772, the amount of 2013 pro rata income, 34.65% of the amount of pro rata income = 50% of the Plaintiff among the amount of 178,772,544 of the amount of pro rata income = 50% of the distribution ratio x 253 days (from January 1, 2013 to September 10, 2013), 61,94,686 won, and the Defendant 65.35% of the amount to be reverted to each of the Defendant.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3 (including each branch number in the case of a branch number; hereinafter the same shall apply), Eul evidence Nos. 1, and the purport of the whole pleadings as a whole, the plaintiff's assertion that the plaintiff alleged the purport of the whole pleadings shall be divided into 2012, 15,077, 342, and 2013, which are the income amount reverted to the plaintiff during the period of the partnership